Mohd Firoz vs State Of Uttarakhand And Another
2022 Latest Caselaw 1420 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                   Criminal Revision No. 211 of 2022

Mohd Firoz                                         ...Revisionist

                                    Vs.
State of Uttarakhand and Another                  ...Respondents



Mr. Abhishek Verma, learned counsel for the revisionist.
Mr. J.S. Virk, learned D.A.G. assisted by Mr. Rakesh Joshi, learned
Brief Holder for the State.


                                            Dated: 07th May, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionist challenging the judgment and order dated 02.03.2022 passed by learned Judge, Family Court Haldwani, District- Nainital in Misc. Case Crime No. 102 of 2019, "Smt. Shabana Warsi Vs Modh. Firoz" whereby the learned Family Court has awarded Rs. 10,000/- per month in favour of respondent no.2 as interim maintenance till the pendency of the said case.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionist would submit that the learned court below overlooked the evidence on record and in a cursory manner passed the impugned order.

4. After arguing at some length, learned counsel for the revisionist limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court for its expeditious disposal and a direction may be given to the concerned Court to decide the matter in the light of the judgment of Hon'ble Supreme Court in the case of Rajnesh vs. Neha (2021) 2 SCC 234.

5. Considering the submissions advanced by the learned counsel for the parties, the present criminal revision is disposed of with the following directions:

(i) The matter is remanded back to the learned Court below to decide the same in the light of the judgment of the Hon'ble Supreme Court in the case of Rajnesh vs. Neha (2021) 2 SCC 234.

(ii) Till the final disposal of the case by the Court below, the revisionist shall pay a sum of Rs. 8,000/- per month regularly to the respondent no.2 before the 10th day of every month and without any break from the date of this order. However, the learned Court below shall be at liberty to either reduce or enhance the amount of maintenance after hearing learned counsel for both the parties from such date as the learned Court below deems it fit, in accordance with law.

6. Needless to say that if any application pertaining to the arrears of maintenance is filed before the Court below, the same shall be disposed of on merits, as per law.

7. Let a copy of this judgment be sent to the Court concerned for compliance.

(N.S. Dhanik, J.) 07.05.2022 RV